A.K. Dutta, J. - (1.)By this writ application the writ Petitioner A.K. Niogi (hereinafter referred to as Petitioner) has prayed the Court for issue of "a writ of mandamus directing the Respondents to rescind, recall and cancel the impugned order dated March 3, 1994 being annexure 'G' to the petition", with a further direction upon the Respondents not to give effect or further effect to the said impugned Order dated March 3, 1994 and not to interfere with his services till his statement on superannuation at the age of 58 years, long with other relief 's prayed for therein, for the reasons stated and on the grounds made out therein.
(2.)A departmental proceedings was initiated against he Petitioner, Electrical Foreman, GRJ/NSD under the Mechanical Engineering Department, by the Deputy Chairman of the Calcutta Port Trust (for short C.P.I.), being the Disciplinary Authority, by an order dated October 17, 1992 on the following charge:
Shri Arup Kumar Niogi is charged with misconduct, inasmuch as while functioning as Electrical Foreman, GRJ/NSD under Mechanical Engineering Department he failed to provide electric light in the adjoining area of New Traffic Building after sunset on 12th & 13th October, 1992 leaving the area completely dark which caused acute inconvenience and hardship to the staff and officers housed in New Traffic Building, particularly to those who are attached to Railway Control and Telephone Exchange which function round the clock.

Above act of Shri Arup Kumar Neogi, Electrical Foreman, GRJ/NSD amounts to serious misconduct.

(3.)An enquiry was held by the Enquiry Officer (for short E.O.) in which the Petitioner had duly participated. Evidence was laid before the E.O. The Enquiry Officer, after consideration of the evidence, oral and documentary, and papers produced before him, had come to the conclusion that the Charge against the Petitioner have not been established in the enquiry for the reasons stated in his report.
;